HomeMy WebLinkAbout1997 08 06 Regular Item C
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development
PLANNING AND ZONING BOARD AGENDA ITEM:
II.C.
WILLIAM W. OWENS PROPERTY REZONING (REZ--6-97)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend
to the City Commission the boundaries of the various original zoning districts. . .and any
amendments thereto. . .acto on measures affecting the present and future movement of traffic. the
segregation of residential and business districts and the convenience and safety of persons and
property in any way dependent on city planning and zoning."
I. BACKGROUND:
APPLICANT:
Planning & Zoning Board of the City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
(407)327-1800
OWNER:
William W. Owens
1620 Mayflower Court, Apartment B-320
Winter Park, FL 32792
REQUEST:
The Planning & Zoning Board is requesting a change of zoning designation from C-2
"General Commercial and Industrial" District to C-1 "Neighborhood Commercial"
District.
PURPOSE:
The Planning & Zoning Board wants the permitted uses to be only those permitted uses as
indicated in C-l "Neighborhood Commercial" which is found from the intersection of
S.R. 434 and S.R. 419 westward to just past Edgemond Ave.
PROPERTY:
Location: At the northeast comer of the intersection of Wade Street and S.R. 434.
Legal Description: THE WEST 1/4 OF LOT 42 (LESS THE NORTH 418.2 FEET PLUS
ROAD) ENTZMINGER FARMS ADDITION #2, PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
ACREAGE:
23,200 sq. Ft. or Yz (.53) acres.
PARCEL NUMBER:
34-20-305AWOOOO-0420
EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant land with weeds and several trees.
CHRONOLOGY OF SUBJECT PROPERTY:
Parcel was part of Lot 11 in Block c ofD.R. Mitchell's Survey of the Levy Grant on Lake
Jessup, Orange County surveyed in 1874. Parcel was part oflarge area split from Orange
County that became Seminole County. Parcel was included in the "planning area" for
future annexation as indicated on page 70 of the City's Comprehensive Plan adopted by
Ordinance 158 on September 26, 1977.
FUNDING:
No monies from the City are required.
II. CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY
North'
vacant, partially wooded land with church.
Smuh:
S.R. 434; further south are vacant wooded parcels.
\"
East: one residence (Pitzer); partially wooded parcels.
~: Wade Street; commercial and residential on west side of Wade Street.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: "Commercial".
Requested: [No request]
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
HQrth:
"Moderate Density Residential".
Sm!1h:
S.R. 434 right-of-way; further south, "Commercial".
EM!:
(county designation) "Suburban Estates".
West:
"Moderate Density Residential". And "Commercial" along S.R. 434.
ZONING OF SUBJECT PROPERTY:
Existing: C-2
Requested: C-1 "Neighborhood Commercial"
ZONING ADJACENT TO SUBJECT PROPERTY:
HQrth:
R-U "Rural Urban Dwelling District".
NOTE: Eliminated per Policy] under Objective A of Goal 3 of the Future
Land Use Element of the City's comprehensive Plan. RC-1 (maximum]
DU per acre) substitutes in place ofR-U District.
Sm.uh:
C-] "Neighborhood Commercial".
EMt:
(County designation) A-I "Agriculture" (maximum] DU per acre).
~:
C-1 "Neighborhood Commercial" at the corner; R-] along west side of
Wade Street.
II. REZONING ANALYSIS:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING THIS APPLICATION.
\..
A. JUSTIFICATION FOR REZONING:
1. The Planning & Zoning Board ( ref. P & Z Board meeting July 2, 1997) has
initiated the request and review of change of zoning for this property. The Board
believes the permitted uses should be only those permitted uses as indicated in C-l
"Neighborhood Commercial" which is found along S.R. 434 from the intersection
of S.R. 434 and S.R. 419 westward to just past Edgemond Ave.
2. The Board believes that permitted uses of an industrial nature, such as is permitted
in the C-2 district, are not appropriate at this location due to:
A.
the small size of the parcel, which cannot accommodate many of the
industrial permitted uses in the C-2 district;
B.
The predominant character of the S.R. 434 Corridor which is retail
commercial in nature.
c.
The incompatibility of potential industrial operations with the residential
properties across the street on the west side of Wade Street, and the desire
to protect these residential properties from the various nuisances usually
attendant to industrial operations.
NOTE:
Attempts to contact by phone the owner were made. No response was
received. A letter wast sent to the owner of the property on July 23, 1997.
B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING LAND
USES:
1. The Planning & Zoning Board's proposed zoning change from the C-2 "General
Commercial and Industrial" District designation to C-1 "Neighborhood
Commercial" District is the same zoning of the nearby parcels along S.R. 434.
2. The Board's proposed zoning is compatible with the commercial nature (retail) of
S.R. 434 and the existing commercial establishments in the area.
Therefore, there should be very little if any nuisance potential if the property is rezoned C-
I "Neighborhood Commercial", and certainly less nuisance potential if the property
remained zoned C-2 "General Commercial and Industrial".
III. FINDINGS:
*
The property is designated "Commercial" on the City's Future Land Use Map.
*
The adjacent and nearby parcels to the west and east are indicated as
"Commercial" on the City's Official Future Land Use Map.
\..
*
Nearby parcels on the north and south side of S.R. 434 are indicated as C-1
"Neighborhood Commercial" on the City's Official Zoning Map.
*
The Planning & Zoning Board's proposed zoning is compatible with the
commercial nature (retail) of S.R. 434 and the existing commercial establishments
in the area.
*
The potential industrial operations, indicated as permitted uses in the C-2 District,
are incompatible with the residential properties across the street on the west side
of Wade Street and present a greater potential for nuisance than retail commercial
operations on the subject property.
IV. S.TAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board recommend approval to the City
Commission the rezoning of the .53 acre parcel from C-2 "General Commercial and
Industrial" to C-I "Neighborhood Commercial District", based on the findings above.
ATTACHMENTS:
Aerial view with property boundary map superimposed.
\..
,
lU.U
......,..
,. .
'"
15
'"
en
~
10....
0!:...ANY -SASE:ME:NT
---
""'!FOR -- ,
O'OVI"~
cOO RO
D
11.0
----
>.>.0
---- ----
--
--~
~G[ STREn
.
::::.
--- JJ.A
--
---_.T~TI
o ~
;t
~ ~
It, \ -' ~ -\, \'1' , 21 ~2
"~/)/ POzr \ ~O\I7~ .~17 TIt 10 20
"" ~p ._ -..... V '>-... "-..
..... .c.\~ <:J1- 2'.0 CQR.'L W~~
~~~ ~
\.. ~ 23.0 n 7.0 6
- ~\ 220 21 ~O 12.00 1I1PCl. 110 a.O~' loA
BLOCJ( D ~~n ~ . 20.0 ".0 130 / OP02 16.o'---~7""'" ".03.0 r---- \
t2 (j 9 11.0 1& BLOCf C 9.0 8. 2.0
(\' 0 13 -'- . \ \ .". "'~ .0 13 t2 n I 7. "' _ 1.0
.\) e,\ - .. "" F
O~ ,.' ~7 TO \ 12 ~.-, T~ '.0 .0 1.0-
e, ..... ,,~ 21 2J ~ '" L . . . J 2 :---.!?!I~ j
"''f:J. r f7 ,~:Z:--O;. TIt ^ I.~")"-r. 10 .4 ~ '" I \ -..............
'~.~7;;" ~20 _:.1Or,-- ~f---; -,! .. ';J1Vfl . 2.":zI'. 29 JO 3\ '" ~
:. :, 1e ~18 I -- 18 20 ,\22 23 IB
'b 11 2. ,'" J.-----' 21 " .
,"'" .......-:::; RO .. A 1. - I TIt
... 17 27 '( \-2 IlOlP\<<N RlJ.- l' \ \ 2
~IItSO' ';;..'(1rr1.~ ~ ~ .I ~.Iy, ~/I},'! 7 .. . J 2, 17 ~
~~~\~ CIR f,;'''r '-: I ~47 46 17 111" "F 242' 2" \1 25 Zg 30 Jl 32 JJ J.4 115 ~
.~~ ~ 21222.3 -0\ " ~
~ {MAS ", 18 to 20 e; ...,
II 10 1\ 12 t.3
Jl .xl 211 5
q[n
,.
27,
" 2
" J
14 .
2J . ...
" 20 g.
2r , '"
~ ,.
" 7 .
\h TIt
~ . 7
en 17 .
19 . ~
" .
,. ~
2J. T5~~ V--
~ .2 ~;~ ~
.~~ ~> ,. ~:.O 30.0
\\\)
c.\~\~
;> -48.B
\
...
.....
si:Jn
48..1.
.....
,
, ~p'\
'5.' ~S\~<:J1-
~ \ \.~
..0. ...J7 \
P '\ :\~e,
.,~ e,OS
0'"
~%
~
n
~
; \'ItS'i "
~
o
'"
~
'"
6
~
'ji\
~ 42.C
15
'"
en
~
l~
----
32--_
41.8
(fj
o
41.....
41.0
OUT
~.._.,
.................:............:..
"-27.~
\
\
\
'26.0(\.. .\
~.. \
J._ .
1'..'..........................\......... \
\-,':;"":/-:"
\ \
"
29.....
29.0
\ ~ JO.E
\0.
~ ~
~\ 'PROPOSED REZONING FROM C-2 TO C-l
WILLIAM W. OWEN PROPERTY - .53 ACRES
JO.D
I..-
--
<'"
~
""
0-
~
~
'"
~
I-
, \ I I
\'
.
p(~l r;u
37 38 J9
40 41 ..2....,)
'"
7 · ·
n 10
g .
RO
6 ~ 4 3
. . 7 _h_ ')
" 24 ~.... Yo r-
27
22.0
----
----.......
"'-
"
'.K
~
g.^
J 2
FLORIO;
.\~f:
,. p \"
r-~_
20,
~~
J ~
~
'""0
'JE
.'\
2
I
~-
~-
I r12" 33
2. ~k2 El-
2lIJO
Jl.A
J1. 1